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Michael J, Esq., Lawyer

Category: Criminal Law

Satisfied Customers: 3426

Experience: Licensed attorney experienced in criminal matters, having represented hundreds of clients with every misdemeanor and felony imaginable.

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We live in Louisiana. My daughter got a MIP a few weeks ago.

Customer Question

We live in Louisiana. My daughter got a MIP a few weeks ago. At the time she was 17. She was out of the vehicle and walked away from the car she was in before cops came up to car. When my daughter saw the cops she went back by the car and was asked if she was in this car. She replied yes. She was given a MIP along with other minors in the car. My daughter asked to take a breathelizer and was refused. The alcohol was hidden in the center console of car and in the glove box. My daughter rode in the back seat and had not been drinking and says she was not aware alcohol was even in the car. Is there a way to fight this?

I believe the guy in the passenger seat had a beer and the alcohol they found in the console and glove box had been opened and alcohol was out of the bottles. There were not any say mixed drinks or anything like that.My daughter also got a 2nd MIP about a week later. At this time she turned 18. There was not any alcohol in the vehicle this time, but she freaked out because of what had just happened and threw an empty beer can out to not get in trouble. Yes, I know littering is something to get in trouble about also, but thats another story. So this time the cop only gave her the citation. The guy who had the beer can told the cop at the scene it was his and not my daughters, but she was still citated. Due to the fact that she received 2 MIP's within a 2 wk period, by the time we called to see if she could do PTI they got the other ticket so we were told she can't do PTI. I have an appointment to meet with the prosecutor next week to see what can possibly be worked out.

In the case of many people in the car and alcohol found inside, all can be charged with minor in possession as they all had "dominion or control" over the alcohol, as long as they knew it was there. The reason I asked about open containers is if no one in the car had been actively drinking, her defense of "I didn't know it was there" would hold more weight. In this case, I think it's hard to believe she didn't know it was there. Many times, the owner of the car will take responsibility for the alcohol and charges could be dropped against the others - this is something to ask about if the owner of the car does agree to do that.

Her getting a second MIP makes the story even more unbelievable and I'm sure any Judge would take that into consideration. She should definitely speak to a local attorney and inquire about making a deal with the prosecutor if it's available. Every jurisdiction is different so it will depend on how the prosecutor wants to handle it.

I hope this helps!

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